Oley v. Miller
Supreme Court of Connecticut
Action by the payee to recover the amount of a non-negotiable note made by a third person and indorsed in blank by the defendant prior to its delivery, brought to the Superior Court in Fairfield County where a demurrer to the complaint was overruled (Thayer, J.) and the cause was afterwards tried to the jury before Robinson, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court.
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Action by the payee to recover the amount of a non-negotiable note made by a third person and indorsed in blank by the defendant prior to its delivery, brought to the Superior Court in Fairfield County where a demurrer to the complaint was overruled (Thayer, J.) and the cause was afterwards tried to the jury before Robinson, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court. The action was in two counts, each seeking recovery of the amount of a note in the following terms: — “ $900.00. Danbury, Ct., Aug. 20,1896.…
1Opinion of the CourtPrentice, J.
This complaint erroneously contains two counts; there should have been but one. The two together state but one cause of action. Applying the usual test, we find that all the allegations of fact in the complaint, in so far as they are relevant at all, constitute only the statement of one claimed right and one claimed delict. Pomeroy’s Code Remedies, §§ 455, 457. The plaintiff’s real claim is, that by reason of the giving of the note as and under the circumstances alleged, and by reason of all the acts of the parties subsequent thereto, recited in both counts, he is entitled to recover from the…
2Cases cited10 opinions
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Dyas v. HansonMissouri Court of Appeals · 1883
- Tomlinson Carriage Co. v. KinsellaSupreme Court of Connecticut · 1863
- Turner v. Iron Chief Mining Co.Wisconsin Supreme Court · 1889
- Dunham v. CoxSupreme Court of Connecticut · 1908
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3Cited by7 opinions
- Loomis v. Norman Printers Supply Co.Supreme Court of Connecticut · 1908
- Murray v. Third Nat. Bank of St. LouisCourt of Appeals for the Sixth Circuit · 1916
- In re SternbergDistrict Court, D. Connecticut · 1924
- Smith v. CarletonOregon Supreme Court · 1949
- Bredow v. WollSupreme Court of Connecticut · 1928
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